Trade Measurement Amendment Regulations 2008

Trade Measurement Amendment Regulations 2008 S.R. No. 38/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Amendment of regulation 5 3 7 Divisions 3 and 4 of Part 2 substituted 3 Division 3—Public weighbridges 3 16 Provision of a weighbridge suitability statement when public weighbridge licence is granted 3 17 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence 4 18 Suitability for use as a public weighbridge 4 19 When a public weighbridge is to be examined for issuing a new weighbridge suitability statement 5 20 Licence and sign to be displayed at public weighbridge 5 21 General system of measurement tickets 6 22 Offences by licensees 8 23 If weighbridge measurement incorrect 11 24 Request for measurement may be refused in some circumstances 11 25 Offences by operator 11 26 Licensee to give notice of change of particulars 13 27 When a vehicle weighing is not a use of a weighbridge as a public weighbridge 14 28 Register of licences 14 8 Insertion of new regulation 31A 15 31A Approval of forms 15 9 Regulation 95 amended 15 i -- 1 of 30 -- Regulation Page 10 New Part 7 inserted 16 PART 7—TRANSITIONAL PROVISIONS 16 98 Certificates of suitability 16 99 Suspension of certificates of suitability 16 100 Display of licence 17 101 Prescribed forms 17 11 Revocation of Schedules 18 12 Schedule 3 substituted 18 SCHEDULE 3—Public Weighbridge Operator's Duties 18 1 Completion and issue of measurement tickets 18 2 Correction of mistakes 19 3 Restriction on additional information on measurement ticket 20 4 Measurement of vehicle in 2 weighings—unloaded then loaded 20 5 Measurement of vehicle in 2 weighings—loaded then unloaded 22 6 Issue of measurement ticket for axle load measurement 23 7 Issue of copies of measurement tickets 24 8 Inspector may require measurement to be made 25 13 Schedule 8 substituted 26 SCHEDULE 8 26 Servicing Licence Fees 26 Public Weighbridge Licence Fees 26 14 Amendment to Schedule 9 27 15 Amendment to Schedule 10 27 ═══════════════ ENDNOTES 28 ii -- 2 of 30 -- STATUTORY RULES 2008 S.R. No. 38/2008 Trade Measurement Act 1995 Trade Measurement (Administration) Act 1995 Trade Measurement Amendment Regulations 2008 The Governor in Council makes the following Regulations: Dated: 21 May 2008 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs RYAN HEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Trade Measurement Regulations 2007— (a) to adopt nationally agreed reforms to the model Uniform Trade Measurement Legislation for public weighbridges; and (b) to amend fees and prescribed offences and penalties to provide for the amendments to the model Uniform Trade Measurement Legislation. 2 Authorising provisions These Regulations are made under section 80 of the Trade Measurement Act 1995 and section 25 of the Trade Measurement (Administration) Act 1995. 1 -- 3 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 3 3 Commencement These Regulations come into operation on 1 July 2008. 4 Principal Regulations In these Regulations, the Trade Measurement Regulations 20071 are called the Principal Regulations. 5 Definitions (1) In regulation 4 of the Principal Regulations, the definition of certificate of suitability is revoked. (2) In regulation 4 of the Principal Regulations insert the following definitions— "approved form means a form approved by the administering authority under regulation 31A; copy measurement ticket means a copy measurement ticket mentioned in regulation 21(3)(b) or 21(4)(b) or in clause 7(2) of Schedule 3; measurement ticket, for a measurement made at a weighbridge, means a measurement ticket issued for the measurement and includes a copy measurement ticket and an original measurement ticket; original measurement ticket means an original measurement ticket mentioned in regulation 21(3)(a) or 21(4)(c)(ii) or in clause 7(6) of Schedule 3; preservation period means— (a) for measurement tickets issued from a book or pad of tickets, the period for which the tickets are required to be kept under regulation 21(3)(d); or 2 -- 4 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 6 (b) for measurement tickets that are generated electronically, the period for which the tickets are required to be kept under regulation 21(4)(c); registered number, of a weighbridge, means the number included in the register of licences kept by the administering authority as the registered number of the weighbridge;". 6 Amendment of regulation 5 In regulation 5 of the Principal Regulations, for "have effect in addition to, and do not derogate from" substitute "are in addition to, and do not limit". 7 Divisions 3 and 4 of Part 2 substituted For Divisions 3 and 4 of Part 2 of the Principal Regulations substitute— "Division 3—Public weighbridges 16 Provision of a weighbridge suitability statement when public weighbridge licence is granted (1) If an applicant applies for a public weighbridge licence for a weighbridge, the administering authority must advise the licensing authority if the weighbridge is suitable for use as a public weighbridge. (2) If the administering authority advises the licensing authority that the weighbridge is suitable for use as a public weighbridge and the licensing authority grants a public weighbridge licence, the licensing authority must ensure the licence has a weighbridge suitability statement written on it. 3 -- 5 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 17 Provision of a weighbridge suitability statement in relation to an existing public weighbridge licence (1) This regulation applies to the provision of a weighbridge suitability statement for a weighbridge other than when the public weighbridge licence for the weighbridge is granted. (2) On application and payment of the fee for the new weighbridge suitability statement, the administering authority may provide the statement by issuing a copy of the licence with the statement written on it. (3) The administering authority must not provide the new weighbridge suitability statement unless an inspector examines the weighbridge for the administering authority and is satisfied the weighbridge is suitable for use as a public weighbridge. 18 Suitability for use as a public weighbridge An inspector may only find a weighbridge suitable for use as a public weighbridge for the purposes of regulation 17(3) if the inspector has examined the weighbridge for the administering authority and is satisfied of the following— (a) there is enough room for a vehicle using the weighbridge to move onto and off the weighbridge without reversing; and (b) the type of weighbridge and the size of its platforms are suitable for use as a public weighbridge; and (c) the weighbridge complies with these Regulations. 4 -- 6 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 19 When a public weighbridge is to be examined for issuing a new weighbridge suitability statement The administering authority must, as far as practicable, cause an inspector to examine a public weighbridge not earlier than one month before the end of the period for which the weighbridge suitability statement for the public weighbridge licence is in force. Note For when a weighbridge suitability statement is in force, see section 50(1)(aa) of the Act. 20 Licence and sign to be displayed at public weighbridge (1) A licensee for a public weighbridge must display at the weighbridge— (a) the licence for the weighbridge with a current weighbridge suitability statement written on it; and (b) a sign that clearly indicates, in words and figures at least 100 mm high and on a background of contrasting colour— (i) the weighbridge is a public weighbridge; and (ii) the registered number for the weighbridge. (2) The licensee must ensure that— (a) the licence and the sign— (i) are prominently displayed at the weighbridge; and (ii) can be seen easily by anyone using the weighbridge; and 5 -- 7 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (b) the licence is properly protected from the effects of weather. Note A failure by a licensee to comply with a provision of the regulation is a ground for disciplinary action against the licensee under section 56(1)(a) of the Act. 21 General system of measurement tickets (1) A licensee for a public weighbridge must ensure that measurement tickets in the approved form are able to be issued, or generated electronically, at the weighbridge for each measurement made using the weighbridge. (2) The measurement tickets must be— (a) issued from a bound book of tickets or from a block of tickets held together at one edge to form a pad; or (b) generated electronically. (3) In relation to measurement tickets that are issued from a book or pad, the licensee must ensure that— (a) there are clearly identifiable original measurement tickets that are numbered consecutively and are retained by the licensee; and (b) there are clearly identifiable copy measurement tickets that are issued to persons for whom measurements are made; and (c) immediately after the last issue of a copy measurement ticket from a pad of measurement tickets, all original measurement tickets and all unissued 6 -- 8 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 copy measurement tickets are securely bound together; and (d) a book or pad, from which measurement tickets are issued, is kept from when a measurement ticket is first issued from the book or pad until at least one year after a measurement ticket is last issued from the book or pad. (4) In relation to measurement tickets that are generated electronically, the licensee must ensure that— (a) particulars of measurement tickets, numbered consecutively, are created electronically; and (b) printed versions of the measurement tickets, clearly identified as copy measurement tickets, are issued to persons for whom measurements are made in accordance with their numerical order; and (c) the licensee keeps for at least one year after a measurement is made and a copy measurement ticket is issued— (i) the electronic record of the particulars included in the ticket; or (ii) a printed version of the original measurement ticket, clearly identified as an original measurement ticket. (5) Subregulation (4)(a) does not apply to a copy of a measurement ticket issued under clause 7 of Schedule 3. 7 -- 9 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (6) A book or pad of measurement tickets may contain more than one copy measurement ticket for each original measurement ticket. 22 Offences by licensees (1) A licensee of a public weighbridge must ensure that— (a) the weighbridge is kept accurately at zero when there is no load on the platform; (b) the weighbridge platform is kept clean; (c) the space between the weighbridge frame and the weighbridge platform is kept free from obstructions; (d) for a measurement made using the weighbridge for a person— (i) appropriate care is taken to decide the measurement; (ii) an original measurement ticket and the copy measurement ticket are completed in consecutive numerical order and with appropriate care as soon as practicable; and (iii) the person requesting the measurement is issued with the copy measurement ticket for the measurement immediately after the original measurement ticket is completed. Penalty: 20 penalty units. (2) During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket issued from a book or pad of tickets, that the original 8 -- 10 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 measurement ticket is produced to a relevant person on demand within a reasonable time. Penalty: 20 penalty units. (3) During the preservation period, a licensee of a public weighbridge must ensure, in relation to a measurement ticket generated electronically, that a printed version of the original measurement ticket is produced to a relevant person on demand within a reasonable time. Penalty: 20 penalty units. (4) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not— (a) remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or (b) alter an original measurement ticket or an unissued copy measurement ticket. Penalty: 20 penalty units. (5) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, a licensee of a public weighbridge must not permit a person— (a) to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or (b) to alter an original measurement ticket or an unissued copy measurement ticket. Penalty: 20 penalty units. 9 -- 11 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (6) During the preservation period, a licensee of a public weighbridge must not, in relation to measurement tickets generated electronically— (a) delete or alter an electronic record of particulars included in a measurement ticket; or (b) dispose of or alter a printed version of an original measurement ticket. Penalty: 20 penalty units. (7) During the preservation period, a licensee of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically— (a) to delete or to alter an electronic record of particulars included in a measurement ticket; or (b) to dispose of or to alter a printed version of an original measurement ticket. Penalty: 20 penalty units. (8) In this regulation— relevant person means— (a) an inspector; or (b) any other person who has a genuine interest in examining the ticket. Example A person whose goods were on a truck being driven by another person when the goods were weighed has a genuine interest in examining the ticket. 10 -- 12 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 r. 7 23 If weighbridge measurement incorrect If the licensee for a public weighbridge knows, or has reason to believe, that a measurement made using the weighbridge would be incorrect, the licensee must immediately— (a) withdraw the weighbridge from use; and (b) notify the administering authority that the weighbridge has been withdrawn from use and the reason for the withdrawal. 24 Request for measurement may be refused in some circumstances A licensee for a public weighbridge must ensure a request for a measurement to be made using the weighbridge during normal trading hours is not refused unless— (a) the weighbridge does not have the capability to make the measurement; or (b) the person requesting the measurement to be made is asked to pay the licensee's fee in advance and the payment is not made; or (c) the licensee knows, or has reason to believe, a measurement made using the weighbridge would be incorrect. 25 Offences by operator (1) The operator of a public weighbridge, when using a public weighbridge for public weighing, must comply with all of the requirements set out in Schedule 3. Penalty: 20 penalty units. 11 -- 13 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (2) The operator of a public weighbridge must not use the weighbridge for public weighing if the operator knows, or has reason to believe, a measurement made using the weighbridge would be incorrect. Penalty: 20 penalty units. (3) In relation to a measurement made using a public weighbridge, the operator of the public weighbridge must not issue to the person requesting the measurement— (a) the original measurement ticket for the measurement; or (b) a copy measurement ticket that is not a correct copy of the original measurement ticket for the measurement. Penalty: 20 penalty units. (4) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, an operator of a public weighbridge must not— (a) remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or (b) alter an original measurement ticket or an unissued copy measurement ticket. Penalty: 20 penalty units. (5) During the preservation period, in relation to a measurement ticket issued from a book or pad of tickets, an operator of a public weighbridge must not permit a person— (a) to remove an original measurement ticket or an unissued copy measurement ticket from the book or pad; or 12 -- 14 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (b) to alter an original measurement ticket or an unissued copy measurement ticket. Penalty: 20 penalty units. (6) During the preservation period, an operator of a public weighbridge must not, in relation to measurement tickets generated electronically— (a) delete or alter an electronic record of particulars included in a measurement ticket; or (b) dispose of or alter a printed version of an original measurement ticket. Penalty: 20 penalty units. (7) During the preservation period, an operator of a public weighbridge must not permit a person, in relation to measurement tickets generated electronically— (a) to delete or to alter an electronic record of particulars included in a measurement ticket; or (b) to dispose of or to alter a printed version of an original measurement ticket. Penalty: 20 penalty units. 26 Licensee to give notice of change of particulars (1) A licensee for a public weighbridge must give to the licensing authority written notice of the following— (a) a change in the address for service of notices on the licensee; and 13 -- 15 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 7 (b) for each person employed as an operator of the weighbridge— (i) the full name and residential address of the person; and (ii) if the person ceases to be employed to operate the weighbridge, the last day the person was employed to operate the weighbridge. (2) The licensee must give the notice within 14 days after the relevant event. Penalty: 20 penalty units. 27 When a vehicle weighing is not a use of a weighbridge as a public weighbridge (1) The use of a weighbridge to measure the tare mass of a vehicle to enable it to be registered for use on a public road is not considered to be use as a public weighbridge for the purposes of section 43 of the Act if the operator of the weighbridge issues a written statement of the tare mass measured clearly indicating that the tare mass was measured for registration purposes only. (2) Regulation 25 does not apply to the operator of the weighbridge when the weighbridge is used to measure the tare mass of a vehicle to enable it to be registered for use on a public road. 28 Register of licences (1) For the purposes of section 47 of the Act, the prescribed particulars relating to a public weighbridge licence are as follows— (a) the licence number and the date the licence was issued; 14 -- 16 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 8 (b) the licensee's name; (c) the address at which notices may be served personally on the licensee; (d) particulars of any conditions imposed on the licence under section 48 of the Act; (e) in relation to the weighbridge to which the licence relates— (i) particulars of the weighbridge's location; and (ii) the registered number given to the weighbridge by the administering authority; (f) the date on which the most recent weighbridge suitability statement for the licence was signed.". 8 Insertion of new regulation 31A After regulation 31 of the Principal Regulations insert— "31A Approval of forms The administering authority may approve forms for use under these Regulations.". 9 Regulation 95 amended (1) In regulation 95 of the Principal Regulations omit "or a public weighbridge licence". (2) At the end of regulation 95 of the Principal Regulations insert— "(2) For the purposes of sections 50(1)(aa)(i) and 52(1)(b) of the Act, the period for which a combined periodic fee is payable in respect of a public weighbridge licence and a suitability statement is the period of 15 -- 17 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 10 12 months commencing on each anniversary of the day the licence was issued.". 10 New Part 7 inserted After Part 6 of the Principal Regulations insert— "PART 7—TRANSITIONAL PROVISIONS 98 Certificates of suitability (1) This regulation applies to an application for a certificate of suitability for a weighbridge if the application was made but not decided before 1 July 2008. (2) If the fee payable under regulation 16, as in force immediately before 1 July 2008, was paid, regulation 17, as in force on that date, applies to the application for a certificate of suitability as if it were an application for a weighbridge suitability statement. 99 Suspension of certificates of suitability A suspension of a certificate of suitability for a public weighbridge under regulation 19, as in force immediately before 1 July 2008, continues to have effect on and after that date as a suspension of a weighbridge suitability statement for the weighbridge's public weighbridge licence until the first of the following happens— (a) the suspension is withdrawn or ends; or (b) the public weighbridge licence to which the certificate of suitability relates is cancelled or surrendered. 16 -- 18 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 10 100 Display of licence (1) This regulation applies if a particular public weighbridge is taken to be licensed under a separate public weighbridge licence by virtue of section 83(2) of the Act. (2) Until the administering authority issues to the licensee a copy of a licence for the public weighbridge with a weighbridge suitability statement written on it, regulation 20(1)(a) as in force on 1 July 2008, is deemed to have been complied with if the licensee displays the certificate of suitability that was— (a) issued for the weighbridge under regulation 20 as in force immediately before 1 July 2008; and (b) in force immediately before 1 July 2008. 101 Prescribed forms (1) This regulation applies despite the revocation of Schedules 1 and 2. (2) Until 1 July 2009, it is deemed to be sufficient compliance with a provision requiring the use of an approved form for a licensee or operator to use instead a form (a prescribed form) complying with Schedule 1 or 2 as in force immediately before 1 July 2008. (3) If the licensee or operator uses a prescribed form, the licensee or operator must complete the form in accordance with these Regulations as in force immediately before 1 July 2008. __________________". 17 -- 19 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 11 11 Revocation of Schedules Schedules 1 and 2 of the Principal Regulations are revoked. 12 Schedule 3 substituted For Schedule 3 of the Principal Regulations substitute— "SCHEDULE 3 (Regulation 25) PUBLIC WEIGHBRIDGE OPERATOR'S DUTIES 1 Completion and issue of measurement tickets (1) The operator must not complete a measurement ticket other than to comply with these Regulations. (2) When a measurement is made for a person, the operator must as soon as practicable complete an original measurement ticket in the approved form and then immediately issue a copy measurement ticket in the approved form to the person. (3) Without limiting the particulars to be included in a measurement ticket, when completing the ticket the operator must— (a) if the measurement is only a measurement of the tare mass of a vehicle, indicate clearly on the measurement ticket that the measurement is of the tare mass of the vehicle; or 18 -- 20 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 (b) if the measurement is only a measurement of the gross mass of a vehicle, animal or any other thing, indicate clearly on the measurement ticket that the measurement is of the gross mass of the vehicle, animal or thing; or (c) if the measurement is a measurement made for 2 or more linked but separately registered vehicles, include on the measurement ticket the registration letters and figures for all vehicles; or (d) if the measurement is a measurement of a load on a vehicle, include on the measurement ticket the measurement of the load supported by all of the axles of the vehicle. 2 Correction of mistakes If the operator makes a mistake in completing a measurement ticket that is in a book or pad of tickets and the operator becomes aware of the mistake before issuing the copy measurement ticket, the operator— (a) must immediately cancel the original measurement ticket and any copy of it; and (b) must not remove the original measurement ticket or any copy of it from the book or pad. 19 -- 21 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 r. 12 3 Restriction on additional information on measurement ticket (1) The operator must not, without reasonable excuse, issue a completed copy measurement ticket that has anything on it that is not required by these Regulations or an approved form. (2) Subclause (1) does not prevent— (a) the following being printed on a measurement ticket— (i) the licensee's business name, address or logo; (ii) if the measurement ticket is also a tax invoice under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth, anything else necessary for the ticket to be a tax invoice; or Example An Australian Business Number. (b) additional information being written in the margin, at the bottom or on the back of the measurement ticket if the information is consistent with, and does not qualify the meaning or accuracy of, the information required to be on the ticket. 4 Measurement of vehicle in 2 weighings— unloaded then loaded (1) This clause applies if the driver of an unloaded vehicle advises the operator that the vehicle is to be loaded within 24 hours and requests the operator to measure the tare 20 -- 22 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 mass of the vehicle and the gross mass of the vehicle in 2 weighings. (2) The operator must measure the tare mass of the vehicle and partially complete a measurement ticket for the measurement by including the tare mass on the ticket but must not issue the partially completed copy measurement ticket. (3) If the vehicle returns to the weighbridge with its load within 24 hours after the measurement of tare mass is made and the driver requests a measurement of the gross mass of the vehicle, the operator must measure its gross mass, complete the partially completed measurement ticket, and issue the copy measurement ticket. (4) If the vehicle does not return with its load within the 24 hours, the operator must— (a) issue a completed measurement ticket for the tare mass of the vehicle if within 72 hours after the measurement is made a measurement ticket is requested by— (i) the driver; or (ii) a person who the operator is satisfied is authorised to make the request; or (b) if no request mentioned in paragraph (a) is made within 72 hours after the measurement is made, cancel the partially completed measurement ticket at the end of that period. 21 -- 23 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 5 Measurement of vehicle in 2 weighings— loaded then unloaded (1) This clause applies if the driver of a loaded vehicle advises the operator that the vehicle is to be unloaded within 24 hours and requests the operator to measure the gross mass of the vehicle and the tare mass of the vehicle in 2 weighings. (2) The operator must measure the gross mass of the vehicle and partially complete a measurement ticket for the measurement by including the gross mass on the ticket but must not issue the partially completed copy measurement ticket. (3) If the vehicle returns to the weighbridge unloaded within 24 hours after the measurement of gross mass is made and the driver requests a measurement of the tare mass of the vehicle, the operator must measure its tare mass, complete the partially completed measurement ticket, and issue the copy measurement ticket. (4) If the vehicle does not return unloaded within the 24 hours, the operator must— (a) issue a completed measurement ticket for the gross mass of the vehicle if within 72 hours after the measurement is made a measurement ticket is requested by— (i) the driver; or (ii) a person who the operator is satisfied is authorised to make the request; or 22 -- 24 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 (b) if no request mentioned in paragraph (a) is made within 72 hours after the measurement is made, cancel the partially completed measurement ticket at the end of that period. 6 Issue of measurement ticket for axle load measurement (1) This clause applies if a measurement to be made is not an end-and-end measurement but is only for the purpose of issuing a copy measurement ticket showing each load supported by separate axles, or groups of axles, of a vehicle. (2) The operator may make the measurement only if— (a) the approaches to the weighbridge have a smooth and level surface that— (i) is paved with concrete or an approved material; and (ii) is in the same horizontal plane as the top of the platform or platforms; and (b) the perimeter of the approaches is clearly indicated by painted marks or in another approved way; and (c) while the measurement is being made— (i) the wheels on one or more of the axles are always on the platform or platforms and the wheels on the other axles are always within the indicated perimeter of the approaches; and 23 -- 25 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 (ii) the brakes, gears, and anything else capable of restricting the free movement of the vehicle are disengaged. 7 Issue of copies of measurement tickets (1) This clause applies if— (a) a relevant person requires an operator to give the person a copy of an original measurement ticket for a measurement that has already been made; and (b) the requirement is made during the preservation period or the original measurement ticket is otherwise still available. (2) On payment to the operator of the licensee's fee for providing the copy, the operator must give the relevant person a copy of the original measurement ticket, clearly marked as a copy measurement ticket. (3) A copy of an original measurement ticket must include the same particulars as the original measurement ticket of which it is a copy. (4) A copy of an original measurement ticket may be— (a) a photocopy; or (b) a copy measurement ticket; or (c) a copy of a form of measurement ticket completed for the purpose of creating the copy and numbered with the number of the measurement ticket of which it is a copy; or 24 -- 26 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 12 (d) a printed version of a measurement ticket that was generated electronically. (5) A copy of an original measurement ticket must not be made in a way that creates an original measurement ticket for the purpose of issuing the copy. (6) Despite subclause (5), the form of an original measurement ticket from a book or pad of measurement tickets may be used to create a copy as mentioned in subclause (4)(c). (7) If the form of an original measurement ticket is used to create a copy as mentioned in subclause (4)(c), the original measurement ticket as created must be kept for at least one year after the copy is created. (8) In this clause— relevant person means— (a) an inspector; or (b) a buyer or seller of goods that have been measured on the weighbridge; or (c) any other person who has an interest in goods that have been measured on the weighbridge. Example A person whose goods were on a truck being driven by another person when the goods were weighed has a genuine interest in the goods. 8 Inspector may require measurement to be made (1) An inspector may require an operator to make a measurement of a loaded or unloaded vehicle. 25 -- 27 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 13 (2) The operator must comply with the inspector's requirement. (3) No fee is payable for the measurement. (4) In this section— fee includes charge. __________________". 13 Schedule 8 substituted For Schedule 8 of the Principal Regulations substitute— "SCHEDULE 8 (Regulation 94) SERVICING LICENCE FEES Application fee for a servicing licence 5⋅6 fee units Periodic fee for a servicing licence 48 fee units Fee for the issue of an amended licence 3 fee units Fee for the issue of a duplicate licence 3 fee units PUBLIC WEIGHBRIDGE LICENCE FEES Application fee for a public weighbridge licence 5⋅6 fee units Application fee for a weighbridge suitability statement 5⋅5 fee units Combined periodic fee for a public weighbridge licence and a new weighbridge suitability statement, where the licensee holds: one licence 22⋅5 fee units two licences 14 fee units three licences 11⋅2 fee units four or more licences 9⋅8 fee units 26 -- 28 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 r. 14 Fee for the issue of an amended public weighbridge licence for a weighbridge with a weighbridge suitability statement on it 3 fee units Fee for the issue of a duplicate weighbridge licence with a weighbridge suitability statement on it 3 fee units __________________". 14 Amendment to Schedule 9 In Schedule 9 of the Principal Regulations omit— "Application for a certificate of suitability for a public weighbridge 5⋅5 fee units Issue amended certificate 3 fee units Issue duplicate certificate 3 fee units ". 15 Amendment to Schedule 10 In Schedule 10 of the Principal Regulations, for items 20, 21 and 22 substitute— 20 Regulation 25(3)—being an operator of a public weighbridge, issue to a person an original measurement ticket for the measurement, or a copy measurement ticket that is not a correct copy of the original measurement ticket for the measurement 5⋅0 21 Regulation 26—being a licensee for a public weighbridge, fail to give to the licensing authority written notice, within 14 days after the relevant event, of a change in the address for service of notices on the licensee, and for each person employed as an operator of the weighbridge his or her full name and residential address and if the person stops being employed to operate the weighbridge, the last day the person was employed to operate the weighbridge 1⋅0 ". ═══════════════ 27 -- 29 of 30 -- S.R. No. 38/2008 Trade Measurement Amendment Regulations 2008 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 48/2007. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2008 is $11.35. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. 28 -- 30 of 30 --